Do any groups mentioned below have grounds/standing?
Which remedies for judicial review would be appropriate here?
The Film Funding Act 2014 (fictitious) states that:
Section 1 ‘The Act hereby transfers the task of deciding how to distribute government funding to support the film industry to any organisation, company or individual (the decision-maker) who is assigned this responsibility.’
Section 2: ‘A decision made by the decision-maker shall not be reviewed by a court.’
Section 3: ‘The Secretary of State shall determine the choice of decision-maker with reference to the procedure on contracting out services.’
Section 4: ‘The powers of the decision-maker include:
(1) Determining the distribution of film funding
(2) Determining the eligibility criteria for applying for funding
(3) Fining those applicants whose applications do not meet the criteria, where in the decision-maker’s opinion, the applicant should have reasonably appreciated that the application did not meet the eligibility criteria
(4) Setting the level of the fine for the purposes of (3) which should not exceed 200% of the administrative costs in considering the application.
(5) Regulating any organisation, company or individual (other funders) who provides funding for films made within England or Wales, regardless of whether the funding is for commercial, education or charitable purpose.
(6) The power to review decisions made by other funders and to quash funding decisions which in the decision-makers discretion are considered inappropriate.’
Section 5: ‘All other legislation covering the subject-matter of this Act is hereby repealed’
On 5th December 2014 the Secretary of State awarded the contract to distribute funding to support the film industry to Corporate Ltd. Corporate Ltd will receive 100% of its budget from the UK government. Corporate Ltd is based in Greenwich and owns fifty cinemas in the United Kingdom.
On 13th December, Corporate Ltd contacted Educate, a charity, which is funding films on human rights and civil liberties that will be shown in schools, to inform Educate that it can no longer fund this type of film, as in Corporate Ltd’s opinion these types of film are inappropriate.
On 14th January, Ralph Jessup, a well-known filmmaker, applied to Corporate Ltd for funding to finance his biopic ‘Nelson: The Final Year’. On 20th January, Corporate Ltd wrote to Ralph Jessup to inform him that his application did not meet the eligibility criteria and that he was being fined £6,000.
On 28th January, the Friends of the Silver Screen Alliance, a group of film enthusiasts, are alarmed about the decisions being taken by Corporate Ltd. Silver Screen Alliance believes that the regulatory powers exercised by it will negatively affect the film industry. The Friends of the Silver Screen Alliance have an international reputation and are highly respected by those working within the film industry.
On 4th February, Corporate Ltd drafts new regulations for film funding. Channel 8 Films are concerned that the new regulations are far too stringent and that these regulations curtail commercial freedom.